MandyNi

I haven't been around for ages so sorry that I'm now just dipping in for advice.

I am late in getting my i751 off (3 months), long story short, stressed due to mom at home's advancing dementia and struggling to cope. Anyway I aim to get it off within the next day or two - we are still married etc., but should I engage a lawyer for this given I am late?

Thanks.

Mandy

Noorah101

I don't think you need a lawyer at this stage. If, for some reason, USCIS finds out you neglected to file, and they send you a notice that you are no longer a PR because you didn't file to remove conditions, THEN you'll need a lawyer to re-open the case. But for now, send in what you have ASAP, and I'd include a signed explanation of why it was filed late. USCIS forgives late filing if it was for reasons beyond your control.

Rene

MandyNi

Thanks Rene. I'm trying to breathe deeply and not panic.

Been so stressed recently. Mum went missing on New Year's Eve when we were there on holiday. A member of the public found her and and we got a call from Police to say she was in the A&E. She'd fallen and broken her leg and couldn't recall any of her important data. She physically recovered ok but the stay in hospital and rehab and being away from her home and routine really impacted on her Alzheimer's. So over the course of the next few months there were further events where the police and social services were involved, and my sister has had to give up work and become a full time carer which had it's own complications and issues. Not a happy time.

Anyway will get this off tomorrow and hope for the best.

jeffreyhy

I would have a consultation with an immigration attorney to review your situation and get advice on whether or not you'd be better off pointing out to USCIS that you are filing late by including an explanation.

Regards, JEff

petersmall

Are you filing 3 months after your Conditional Green Card expired or 3 months after the first date you can file to remove conditions as the latter may mean that you are still within the timeframe.

MandyNi

It's 3 months late Peter. Thanks for the input Ian, but I suppose I don't want to wait any longer because it's right now it's making me more stressed and unwell that I already am!

petersmall

Hopefully it will be ok, I can't honestly say whether or not a lawyer is needed. Nice to see someone else on here is in Virginia though!!

MandyNi

Just thought I'd let you know that I got my one year extension letter today with no RFE. We did include a letter of explanation for the late filing - a very apologetic letter, and also copies of some Facebook and Email convo's I'd had with my sister about my mom's condition etc.

So I'm hoping that they won't be too harsh on me from here on in!

Thanks as always for listening and offering up some advice and suggestions.

Oh and hi to Peter in Virginia - there don't seem to be too many of us around here - where abouts are you?

S Folinsky

When I was in practice, I never saw a case denied because of a "late" filing of the I-751 unless it was an extremely flaky case in the first place.

MandyNi

Thanks Mr. F. I just got my biometrics appointment so for now it's progressing as "normal"

We included the information listed below (thought I'd add it here so if others are looking for what to include/not include it's just another example), so hoping that we've covered what we need to. No doubt they'll send us an RFE if they want more.

Completed Form I-751.
Check for $590, Filing fee plus Biometrics fee.
Copy of permanent resident card.
Copy of Beneficiary Designation regarding XXXX Pension/Life Insurance.
Copy of Acknowledgement of Signatures for contract relating to Time Share purchase.
Copy of W2 regarding XXXXXXX for 2012.
Copy of flight booking for flights to visit family in Belfast, NI, December 2012/Jan 2013.
Copy of Visa card account showing both card holders.
Copy of American Express 2012 billing statement showing both as card holders.
Copy of Homeowners Insurance policy show both as covered.
Copy of Automobile Insurances showing both as covered.
Copy of AAA membership information showing both as card holders.
Assorted photographs, including various family events and members including trips to London and Belfast (there were about 8 pics).
Letter of explanation regarding delay in filing.

S Folinsky

I recall one late I-751 where the explanation letter was one sentence:

In the joy of arrival of our son, it slipped our mind and we forgot that we had to file.

Of course, the case was approved.

MandyNi

Well ours had to do with aging parents their Alzheimers and various family stresses on both side of the atlantic sadly. Unless there is some sort of miracle I don't see any babies arriving in this household!

MandyNi

Well just thought I'd do an update. After an RFE (seems too much of our info was 2012 based) and supplying some further evidence from 2012 to 2014, got my Congratulations "you are deemed a Lawful Permanent Resident" letter today. Just waiting on the plastic now. Thanks as ever for your help and advice.

Now just got to think about the naturalisation process!

Moonshadow_Girl

Well done! Take a break from immigration for a bit before going full force on the naturalization bit.

JAJ

Does the late filing of I-751 break the continuity of residence for naturalization? In other words, can the applicant count back to first admission to the U.S. as a (conditional) permanent resident, or does the 3 years start when the 10 year green card is granted.